Merge Legal Massachusetts Premarital Forms For Free

In Massachusetts, antenuptial settlements (prenups) must be reasonable and fair both at the time that the parties sign the contract and at the time of the judgment of divorce. The contract provides how real or personal property will be characterized in the event of a divorce (as either separate or marital property).

In order for a prenuptial agreement to be enforceable in Massachusetts, it must be fair and reasonable at two times of analysis: first, it must be fair and reasonable at the time it was signed before the marriage; second, it must be fair and reasonable at the time of divorce, when it is requested to be enforced.

What does a prenup include? Party details. Include the full names and home addresses of each spouse entering into the agreement. Separate and shared assets. Each spouse may specify the assets that they'll retain ownership of in the event of a breakup. ... Separate and joint debt. ... Children. ... Spousal support. ... Inheritance rights.

Though they can be a helpful tool, prenups aren't the only way to align with your future spouse on crucial financial decisions. It's just as important to have open communication about your assets and a clear, mutual understanding of ?yours, mine and ours.? In fact, some lawyers think a prenup may not be necessary.

While Massachusetts does not require parties to be represented by their own attorneys for the agreement to be legally binding, it is strongly recommended.

For example, MA is an equitable distribution state, meaning without a prenup, the court will divide up the property equitably, not necessarily 50/50, and not necessarily in ance with what was yours prior to the marriage.